Simetrius & Lori Kelley v. Brian & Kelly Owoseni

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 05-24-00533-CV
• Status: Published

Opinion

Dismiss and Opinion Filed August 30, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00533-CV

SIMETRIUS DAWN KELLEY AND LORI KELLEY, Appellants V. BRIAN OWOSENI AND KELLY OWOSENI, Appellees

On Appeal from the County Court at Law No. 1 Kaufman County, Texas Trial Court Cause No. 24C-068

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Carlyle We questioned our jurisdiction over this appeal from the county court’s final

forcible detainer judgment as it appeared appellant had been evicted from the

premises at issue and the case had become moot. See Marshall v. Housing Auth. of

City of San Antonio, 198 S.W.3d 782, 785, 787 (Tex. 2006) (possession of premises

is only issue in forcible detainer action; issue of possession becomes moot when

tenant no longer is in possession of property unless tenant has “potentially

meritorious claim of right to current, actual possession”); Olley v. HVM, L.L.C., 449

S.W.3d 573, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction over moot controversies). We directed appellants to file a

letter brief addressing our concern, but more than ten days have passed, and

appellants have not responded.

When, as here, a case becomes moot on appeal, the appellate court must set

aside the trial court’s judgment and dismiss the case. See Marshall, 198 S.W.3d at

785, 790. Accordingly, on the record before us, we vacate the trial court’s final

forcible detainer judgment and dismiss the case as moot. See id. at 790.

240533f.p05 /Cory L. Carlyle// CORY L. CARLYLE JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SIMETRIUS DAWN KELLEY On Appeal from the County Court at AND LORI KELLEY, Appellants Law No. 1, Kaufman County, Texas Trial Court Cause No. 24C-068. No. 05-24-00533-CV V. Opinion delivered by Justice Carlyle, Justices Partida-Kipness and BRIAN OWOSENI AND KELLY Pedersen, III participating. OWOSENI, Appellees

In accordance with this Court’s opinion of this date, we VACATE the trial court’s final judgment and DISMISS the case as moot.

Judgment entered this 30th day of August, 2024.

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